Saturday, June 18, 2011

I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

Summary: First five years Total number of merit-based green cards includes sum of: a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878. b.) Any visa number not used by family based category. How the total number will be divided between Current system and new merit-based system and Y visa holders -- - 10,000 (or more) reserved for exceptional aliens under �Y� visa category. - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000. - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

and the TEXT of the Bill �(A) for the first five fiscal years shall be equal to the 33 number of immigrant visas made available to aliens 34 seeking immigrant visas under section 203(b) of this 35 Act for fiscal year 2005, plus any immigrant visas 36 not required for the class specified in (c), of which: 37 (i) at least 10,000 will be for exceptional aliens 38 in nonimmigrant status under section 39 101(a)(15)(Y); and 40 (ii) 90,000 will be for aliens who were the 41 beneficiaries of an application that was pending 42 or approved at the time of the effective date of 43 this section, per Section 502(d) of the [Insert 44 title of Act] ( Act not the bill)

(c) EFFECTIVE DATE.�The amendments made by this section shall take 11 effect on the first day of the fiscal year subsequent to the fiscal year of 12 enactment.

So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

So all the I-140 filed on of before Effective date are considered as pending!!

I don't know why even lawyers are getting confused here!:confused:

ok veni..stop geeting surprised and pl contribute for your sake

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franklin

02-09 10:48 AM

In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.

Place trust in your core team. They are working on things that we can not know about.

But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?

* Remain positive and focused. Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.

Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me

* Thinking outside the box Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.

* Response Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.

The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.

You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.

Highly unlikely that they would approve a 485 when the PD is not current. The problem here is, even it has happened to someone, we will not see them come out and make an announcement as they fear their approval will be revoked. So we never hear of such cases.

Yes. You have to go through the process all over again, except you will be eligible for an earlier PD. The alternative is to seek employment with you original sponsor in which case, you can directly apply for 485 when your PD becomes current.

My advise is to stick to your 485 as 2006 is unlikely to become current by the time you get married. In the unlikely event of that happening, deal with the problem by trying to get your spouse in through other means.

I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.

Are there any other ways to make this possible?

one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.

It should be SKIL and not SKILL as mentioned in the fact sheet. (not being picky but trying to end up with a typo free document).

Will let you know if I find anything more.

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rajbgp2002

07-19 04:08 PM

http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf

Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter. In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including: o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot. This process is not available for applications closed on grounds unrelated to nonreceipt of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs. What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case? Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps: 1. E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us. 2. The subject line of the e-mail should read �Request to Reopen�. 3. Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate. 4. The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case: � Name of employer and correct current address. � Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided. � Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address). � Name of the alien named on the application. The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.� o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.� o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.� What can I expect in response to my request to reopen? Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action. Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process. How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant? The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order. If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail. May I contact the BECs by regular mail instead of email? No, the request to re-open a case must come into the centers electronically. Who may make the request to re-open a case if we believe it was improperly closed? Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed. Do I have to submit my request to re-open a case within a certain time period? Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later. To whom will responses be sent? The email responses will only be sent to the employer or attorney who initiated the request. What do I do if I have not received a �45-day� letter by July 21, 2006? If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information: A. Attorney name and address B. Employer�s name and address C. Alien�s name and address D. Priority Date E. State or Regional location and/or number where case was originally filed OFLC will publish its policy regarding such cases under separate cover.

DHS | USCIS Refunds: How is the Process Working for You?: Questions from CIS Ombudsman's Teleconference on January 31, 2008 (http://www.dhs.gov/xabout/structure/gc_1226610826777.shtm)

6. EAD Application, Green Card – A caller filed for a replacement work authorization card. The next month the caller received a green card approval letter. The work authorization application was never adjudicated, but USCIS did not return the fee. How can this applicant get a refund?

•USCIS Response on April 30, 2008: The applicant will not be entitled to a refund. When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application.

The implementation of the new fee schedule, effective July 30, 2007, prevents situations like this from happening. If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, then no fee is required to file a request for employment authorization on Form I-765.

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goel_ar

12-18 06:05 PM

Hi All,

SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".

I can't start working until I get SSN as it is small company. I am their first H1 employee.

The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.

If you feel IV is our only hope/interpreter, then lets fuel it. We all know IV needs funds to operate and to drive our concerns. I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D each ticket may be sold for $10 , $10 x 20,000 tickets = 200k 100k for IV , 100k can be split to top 10 winners.

Please take your poll above.

Experts can add suggestions to help it construct.

There are less than 1000 replies in the I-485 voting thread and no money is required...how do you plan to sell 20K tickets to only a few "active" members?

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desi3933

05-12 12:49 PM

.... How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications). ...

Read section 203(d) of INA or ask an immigration expert to explain it you. You will get your answer.

Take an example: H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1.

Laws are different for H1/L1 and adjustment to permanent resident status (aka I-485 approval). Do not confuse non-immigrant visa with immigrant visa. They are not same.

Well, not quite. They cannot demand reimbursement for official filing fee, it's about $1500. But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal. And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.

When I was entering into US with a passport valid for next 9 months, I showed my new H1B(I797) document to the immigration officer in the airport. I got I-94 based on the date in my H1B document not by the passport expiration date.

I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.

I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.

The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)

While it is true that majority of the time (when job titles and descriptions are substantially different) you need to new PERM; I know at least two cases who were able to port using the SAME labor and filed new I 140 under EB2. It all depends on original job description and language of original PERM vs new job description.

Bottom line: get a consultation from a good attorney before giving it up.

Good Luck.

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nousername

04-29 09:55 PM

Dude, not sure what your question is.. Earlier you said your transfer is already in process so why this question?

Anyway, if I understand your question correctly then here is the answer: 1. Look for a new job 2. Once you have a new job offer, have that new company sponsor your H1. Practically it is like filing for a new H1.. The only difference is that you use the old visa #, hence you are not subjected to annual cap (which as is does not matter now days). 3. For the transfer have an attorney file for your case. You can do it either normal process, which takes 6 to 9 months (or use to take that much time) or apply under premium process, which takes 15 days. Under normal process you can start working with the company once you have the transfer notice, which comes in 10-15 days (note, this is not approval, just a notice stating that USCIS received your case).

As far as pay stubs are concerned, just give what you have.. On the side note, see if your old employer can give you a letter stating you are on unpaid leave. This will surly buy you some time.

Thanks you very much for your reply.

I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:

If any company interest to transfer my H1B, how it will work for me ?

aamchimumbai

05-17 03:11 AM

How long did i take for you to get the vaccinations ? I mean were you done in a day.

Thanks

I just posted another alternative to saving on the vaccines:

http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20

Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)

AK_GC

01-21 05:09 PM

We travelled to India and Canada on AP. Didn't get questioned while entering from India but from Canada, they asked us why we went and when we mentioned 'vacation', they advised us to not use our parole for such cases...I guess going to the home country should not pose any issues.